Bill would prohibit firearms, other weapons in Capitol

The Executive Board heard testimony Feb. 2 on a measure that would prohibit entering the Nebraska State Capitol with a weapon or other banned substance.

LB1237, introduced by the Executive Board, would provide exceptions for individuals who have received prior approval from the Nebraska State Patrol and would allow possession of a weapon by law enforcement officers in the course of their official duties. It also would allow qualified law enforcement officers, including retired officers, to carry concealed handguns in the building.

Firearms would include guns, knives, brass or iron knuckles, pepper spray, tasers and stun guns. Prohibited substances would include explosives, incendiary or other combustible devices, hazardous materials and paint and spray paint.

Violations would be a Class III misdemeanor.

Under the bill, the Nebraska State Patrol would be charged with implementing procedures to provide for detection of weapons and controlled substances to prevent them from being brought into the Capitol by no later than Jan. 1, 2027.

Sen. Ben Hansen of Blair, chairperson of the committee, introduced the bill at the hearing. He said the measure was the product of consultation among the three branches of government, who all have offices in the Capitol, as well as the State Patrol.

Given the “dramatic rise” in threats to elected officials across the country and an increase in violent attacks on government buildings, Hansen said, proactive steps are needed to ensure a safe environment.

The proposal would deter potential risks while also maintaining the Capitol as a secure place for employees to work and for the public to engage with their government, he said.

“LB1237 is a commonsense measure to protect everyone who works in or visits our Capitol, while respecting the rights of law-abiding citizens,” Hansen said.

Ron Cunningham testified in support of the proposal. As a frequent testifier at public hearings, he said, it “seemed strange” that individuals could bring loaded assault weapons into a hearing room, but that cardboard props are prohibited.

While raising concerns that the bill would provide a “carve-out” for the Capitol building while not addressing the potential for gun violence elsewhere, Cunningham said he understood the desire to ensure the safety of everyone in the Capitol.

Also testifying in support of LB1237 was Jessica McGrath, who said she was “shocked” upon moving back to Nebraska after working as a prosecutor in California to discover that people could openly carry weapons in the Nebraska Capitol.

The U.S. Supreme Court has specifically stated that states have the ability to prohibit firearms in “sensitive places” such as schools and other public buildings, she said.

As a lifetime NRA member, owner of numerous firearms and a trans woman, McGrath said she was willing to risk her own safety by not being armed in the Capitol if it would help ensure the safety of others.

Former state Sen. Tom Brewer testified in opposition to the proposal, saying many testifiers have to park far from the Capitol and should be able to protect themselves while walking to and from the building. He said the bill would make visitors to the Capitol guilty of a crime unless they disarm before getting out of their cars.

“I believe it’s wrong to force people to choose between being able to defend themselves and being able to be part of this legislative process here,” Brewer said.

Former Nebraska State Capitol administrator Bob Ripley also opposed LB1237, saying the bill lacks a dedicated appropriation to ensure that any modifications made to accommodate enhanced security are done with proper care for the building.

Nathan Griffith also raised concerns about the cost to implement the proposal. Testifying against the bill, he said senators shouldn’t move forward with a measure with an unknown cost and questionable feasibility while facing a $471 million budget deficit.

“I also don’t want to be in a situation where, if something happens, I’m not in a position to help if I can,” Griffith said. “Even with metal detectors and everything, is it really feasible to 100% secure the building? My thought is, I’d rather be here with other people that are armed and could help back up the appropriate law enforcement people that are here.”

Testifying in a neutral capacity, Clerk of the Legislature Brandon Metzler said the metal detectors and screening tables would be portable and would not require permanent alterations to the Capitol building.

“They don’t envision at this time any sort of permanent fixtures,” Metzler said. “It would primarily just be a power consumption [issue].”

The committee took no immediate action on LB1237.